Loading...
93SN0254August 25, 1993 REQUEST ANALYSIS AND RECOMMENDATION 93SN0254 George F. and Suzanne Y. Hoover Midlothian Magisterial District Off the northwest line of Old Gun Road REQUEST: Conditional Use to permit a dwelling separated from the principal dwelling unit in a Residential (R-40) District. PROPOSED LAND USE: The request property is currently occupied by a single family dwelling. The applicant wishes to construct a second dwelling on the property to be used by immediate family members, domestic employees or guests. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2 AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: Ao The requested land use conforms to the Northern Area Land Use and Transportation Plan, which designates the property for residential use of 1.5 units per acre or less. Bo Typically, the Planning Commission and Board of Supervisors have acted favorably on similar requests where occupancy of the second dwelling has been limited to guests or family members of the occupants of the principal dwelling. The proffered conditions preserve the single family residential character of the neighborhood. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITION (STAFF/CPC) Prior to release of a building permit, the delineated 100 year floodplain as approved by Environmental Engineering shall be recorded. (EE) PROFFERED CONDITIONS (STAFF/CPC) 1. Occupancy of the dwelling unit separated from the principal dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (STAFF/CPC) 2. Within sixty (60) days of the approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a cOpy of the restriction as recorded shall be submitted to the Planning Department. (P) GENERAL INFORMATION .Locati o n: Off the northwest line of Old Gun Road, north of Young Manor Drive. Tax Map 2:8 (2) Bellona Arsenal, Part of Lot 1 (Sheet 2). .Existing Zoning: R-40 ~Size: 4.5 acres .Existing Land Use: Single family residential 2 93SN0254/WP/AUG25 L Adjacent Zoning & Land Use: North - James River South - R-40; Single family residential or vacant East - R-40; Single family residential or vacant West - R-40; Single family residential or vacant Utilities: Public Water System PUBLIC FACILITIES Public water is available and its use is required by Ordinance. Results of a computer simulated flow test indicate that sufficient flow and pressure should be available to meet the domestic and fire flow demands of the proposed use. Public Wastewater System Public wastewater is available. Ordinance. Environmental: Use of the public wastewater system is required by Drainage and Erosion: Drains directly into the James River. No existing or anticipated on- or off-site drainage or erosion problems. Resource Protection Areas and floodplains have been delineated and the location of the proposed second dwelling relative to these features has been tentatively approved. Prior to release of a building permit, the location of a 100 year floodplain should be recorded. (Condition) Fire Service; Schools; and Transportation: This request will have minimal impact upon these facilities. Fiscal Impacts: If properly conditioned, the proposed use will not have an impact on capital facilities. (Proffered Condition 1) 3 935N0254/WP/AUG25L Parks and Recreation: The proposed Greenway Master Plan designates the James River Corridor for pedestrian trails. It is anticipated that as development occurs along the James River, a system of pedestrian trails will be encouraged along the river. As part of this trail system, easements for pedestrian access are needed. The purpose of these easements will be to construct a pedestrian trail with a natural surface (gravel or mulch). This trail would eventually connect with other trails to be constructed on various property along the river. Construction and maintenance of the trail will be the responsibility of the Department of Parks and Recreation. Parks and Recreation desires that the applicant dedicate a twenty-five (25) foot pedestrian access easement to be located along the northern property line adjacent to the James River. The Parks and Recreation Department has discussed the possibility of dedicating such an easement with the applicants' representative. The applicant is unwilling to dedicate such an easement. LAND USE General Plan: This request lies within the boundaries of the Northern Area Land Use and Transportation Plan, which designates the request property and surrounding area for residential use of 1.5 units per acre or less. Area Development Trends: The surrounding area to the south, east and west is currently zoned Residential (R-40) and is characterized by single family residential development on large lots or vacant land. The James River lies immediately north of the request property. Zoning History: On May 5, 1993, the Board of Zoning Appeals approved a Variance on the request property to allow its use for dwelling purposes with no public road frontage and also approved a twenty (20) foot exception to the twenty (20) foot setback requirement from the James River 100 year floodplain (Case 93AN0165). Specifically, these Variances were requested to allow a second dwelling unit on the property, subject to obtaining the Conditional Use which is the subject of this "Request Analysis and Recommendation". Approval of Case 93AN0165 was granted subject to conditions that addressed access, house numbering and restrictions on subdividing the property. 4 935N0254/WP/AUG25L Site Design: The site is currently occupied by a single family dwelling. The applicants plan to construct a second dwelling separated from this dwelling unit. The second dwelling must conform to the Zoning Ordinance requirements for residences in Residential (R- 40) Districts. Proffered Condition 1 would restrict occupancy of the second dwelling to family members, guests or domestic employees of the occupants of the principal dwelling. Proffered Condition 2 would require the recordation of a deed restriction, to provide notice to any future owners that the dwelling units cannot be used for any purpose other than as permitted by the Conditional Use or the zoning district in which the property is located. Conclusions: The requested land use conforms to the Northern Area Land Use and Transportation Plan, which designates the property for residential use of 1.5 units per acre or less. In addition, the Planning Commission and Board of Supervisors have typically acted favorably on similar requests where conditions are imposed to preserve the single family nature of the neighborhood (Proffered Conditions 1 and 2). Therefore, approval of this request is recommend. CASE HISTORY Planning Commission Meeting (8/17/93): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Easter, seconded by Mr. Cunningham, the Commission recommended approval of this request subject to the condition on page 2 and acceptance of the proffered conditions on page 2. AYES: Unanimous. The Board of Supervisors on Wednesday, August 25, 1993, beginning at 7:00 p.m., will take under consideration this request. 5 935N0254/WP/AUG25L N I / / / / / / / / / ! /. i , iII I/- I / , ,=.DS LANDING- SOLEBURY REEDS LANDING- / ,/ / 93S U. 2 /